367 results
26 Nov 2019 11:37
The Weekly Roundup: The Women’s Manifesto, Assisted Suicide, Life Sentences, and Citizenship AppealsIn the news With an election on the horizon, a coalition of 29 women and human rights organisation has published a manifesto for women and girls. Their stated goals are to “end violence against women and girls”; “secure women’s equal representation in politics”; “promote equality in the workplace more...
25 Nov 2019 11:27
Why are so many children kept in police cells overnight?“A night in a cell is an intimidating experience. Police custody facilities are designed to detain adults suspected of criminal activity, and they offer little in the way of comfort or emotional reassurance. For a child – especially one deprived of familial support – a prolonged stay in this more...
12 Nov 2019 11:27
Round Up 11.11.19 – Extinction Rebellion, Article 8 and some big names make appearances in the courts…An Extinction Rebellion protester is removed by police in central London. Credit: The Guardian. As the general election campaign accelerated this week, the political fall out from the publication of the Grenfell Tower Inquiry contributed to some awkward headlines for both politicians and lawmakers. more...
Applying to FTT for PTA to UT: time limit
If you read beyond the head note in Bhavsar (late application for PTA: procedure : South Africa) [2019] UKUT 196 (IAC) (12 April 2019) you will see that the Tribunal look at rule 33(2) FTT procedure rules which states: (2) ... an application under paragraph (1) must be sent to the Tribunal so that more...
High Court Rebels Against Blanket S.14 Order
At 7:00 p.m. on 14 October 2019 Superintendent Duncan McMillan of the Metropolitan Police tweeted the following on the official Met Police Twitter account: ‘Any assembly linked to the Extinction Rebellion “Autumn Uprising” (publicised as being from 7th October to 19th October at 1800 hours) must now more...
30 Oct 2019 12:37
R v Vasileva, Mihaylov and VasilevNicholas Corsellis QC and Polly Dyer prosecuted Eleonora Vasileva, Iliya Mihaylov, and Marian Vasilev for modern slavery offences. The three defendants trafficked women from Bulgaria to London, to work as prostitutes. They were charged with conspiracy to commit human trafficking, controlling more...
29 Oct 2019 14:28
The Weekly Round-up: Liberalisation in Northern Ireland and a Report on the Digital Welfare StateIn the news This has been a turbulent week for Brexit. Despite gaining approval for his adapted version of Theresa May’s deal, Boris Johnson has been unable to secure approval for his Brexit timetable, with a narrow consensus in Parliament that the deal requires longer scrutiny. Meanwhile, EU more...
14 Oct 2019 11:29
Holocaust denial in a parliamentary speech: criminal conviction not a breach of Article 10Pastörs -v- Germany (Case no. 55225/14) On 3 October 2019 the European Court of Human Rights dismissed an application by former NDP leader Udo Pastörs that his criminal conviction in Germany for making a “qualified Auschwitz denial” in a parliamentary speech infringed his right to freedom of speech more...
7 Oct 2019 14:20
Abolishing private schools and redistributing their assets: social justice at the expense of human rights?A short examination of whether the policy endorsed by the Labour Party as part of its pledge to support social justice can be justified in law or is a flagrant contravention of human rights. This article was first published in Counsel magazine. It didn’t take long for some rather well-known lawyers more...
1 Oct 2019 14:27
What is a“Mother”, in law?A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for more...
25 Sep 2019 09:40
The Round-Up: Prorogation Declared ‘Unlawful’The verdict is in. The Supreme Court has unanimously held that Boris Johnson’s advice to the Queen to prorogue Parliament until October 14 was ‘unlawful, void and of no effect’, since it had the effect of frustrating Parliament. As such, the prorogation was itself void. The full judgment and more...
16 Sep 2019 11:24
Facial Recognition Technology: High Court gives judgmentR (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin) The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and more...
11 Sep 2019 10:21
Right of appeal against refusal of a residence card: the conclusionThe question of whether non-married partners and wider dependent relatives (e.g. grown-up children) of EEA nationals (known as ‘extended family members’) have a right of appeal against a decision by the Home Secretary to refuse them a residence card under the EEA Regulations has had a fraught recent more...
10 Sep 2019 14:42
The Weekly Roundup: Facial Recognition Technology (and Brexit)In the news As we inch towards October, the £100m government campaign to ‘Get Ready for Brexit’ has been launched. But to all intents and purposes, the government are jumping the gun. By the time businesses have managed to get themselves ready for Brexit (again), Boris Johnson will probably have more...
3 Sep 2019 10:04
The Round Up: Prorogation, Kashmir, and ProtestsIn the News: Last week, Boris Johnson decided to ask the Queen to prorogue (suspend) Parliament. The decision means that Parliament will be closed for 23 working days, reducing the amount of time MPs will have to pass legislation about Brexit. Supporters of PM Johnson pointed out that Parliament has more...
2 Sep 2019 15:07
The line between legitimate protest and anti-social behaviourPublic order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern. The optics on this are more...
29 Aug 2019 08:51
No Deal Brexit risks reversing human rights progress in extradition lawThe UK Government’s vow to leave the European Union “whatever the circumstances” on the 31st October has left the UK hurtling towards a no-deal Brexit this Halloween, but what does this mean for the rights of people subject to future extradition between the UK and the EU? For the last 15 years, more...
28 Aug 2019 09:54
In the News: no-deal rumblings and abortion buffer zonesIn the News Rumours of a coming parliamentary coup to avoid a no-deal outcome rumble on, prompting the usual range of responses. Speaking at the G7 summit in Biarritz on Sunday, Boris Johnson stated that Britain can ‘easily cope’ with a no-deal Brexit. The Prime Minister ascribed sole more...
22 Aug 2019 10:45
Who’s afraid of the big bad wolf?The Finns are, or so it appears from a recent referral to the European Court of Justice: Case C‑674/17. Man up, Finns! That is the AG’s advice. The Habitats Directive allows of no derogation from the protection of species obligation that does not come up with a satisfactory alternative. Furthermore more...
20 Aug 2019 10:14
What is the correct standard to be applied in police misconduct cases? Plus a new inquiry launches, and cake goes to the ECtHR – the Round UpIn the News: Lawyers are seeking to refer the Ashers ‘gay cake’ case to the European Court of Human Rights (“ECtHR”). The case involved a Christian bakery which refused to bake a cake bearing the message ‘Support Gay Marriage’. The Supreme Court found in favour of the bakery, ruling its actions were more...
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